Recently I commented on a growing level of concern regarding Gov. Tim Walz’s use of his statutory public safety “emergency” authority to promulgate wide-ranging and consequential executive orders affecting the state’s economy and citizens. While many groups, including health care and service organizations, were required to suspend their operations for at least two months, the
How Far Can the Governor Go On His Own?
Minnesota businesses and citizens have been operating under a Peacetime Declaration of Emergency, Executive Order 20-01, since March 16, 2020. The impetus for the Declaration was the rapidly-emerging Coronavirus as a global health crisis with far-reaching implications. Since the original Declaration, the governor has issued 75 Executive Orders addressing various COVID-related topics from health
Restaurants and Bars Allowed to Re-open—sort of
Gov. Tim Walz has announced that restaurants and bars in Minnesota will be allowed to re-open for sit-down service effective June 1st. Sort of. The caveat is that sit-down service must be restricted to outdoor seating areas only, with criteria for maintaining social distancing amongst both guests and staff. Previously, restaurants had been
Shelter in Place: Take It or Leave It?
Minnesota, like many states across the country, is gradually trying to loosen the restrictions on its citizens so that we can try to return to some level of normalcy. Most recently, Gov. Tim Walz (D-MN) let his “shelter in place” executive order lapse. This means that a broad mix of businesses, non-profits and government agencies
Navigating State and Local Governments During a Pandemic: How Continuing Government Action on Major Issues Can Impact Your Investments
Peter Coyle and Jacob Steen discuss the land use, government relations and regulatory environment during the COVID-19 pandemic. They share examples of how Larkin Hoffman has been able to assist clients in overcoming the unique challenges presented by a statewide stay-at-home order and discuss the ways that the global pandemic has shaped the local land
Guidance on Managing PPP Proceeds to Maximize Loan Forgiveness
My colleagues, Todd Freeman and Dan Kadlec from our Corporate Group, have put together a podcast providing guidance on managing proceeds from the Paycheck Protection Program to maximize loan forgiveness. Here’s a brief description of the program followed by the link to the podcast. The information here will be valuable to many in the real
We May Soon Find Out What “Force Majeure” Means
I had been pondering a new post to my law firm’s blog, focused on a traditional real estate topic. Now, of course, we are way beyond “traditional” as governments, companies and the public at large struggle to respond in a coherent way to a relentless viral invasion. Members of our firm have been pursuing various
Mediation Can Resolve More Than Monetary Matters
I recently wrote about the merits of using mediation as a tool to resolve business disputes relating to land and business acquisition, land development, public permitting and related conflicts. Mediation is especially helpful, in my opinion, when money is less the object in dispute and it is more so about a difference of opinion. Of
Mediation Can Pull Matters Out of the Litigation Rabbit Hole
One of the most challenging aspects of an attorney’s job is to advise a client regarding possible litigation. I think of myself as a pragmatic business lawyer whose primary job is to help my clients achieve their business objectives. I much prefer to accomplish this through time spent on advocacy, negotiation and problem solving. Litigation
A Sobering Reminder of Who is in Charge of Your Land
Imagine you are a landowner whose property is dedicated to a use that has run its course—say a golf course for example. The land represents a sizable family investment and naturally your thoughts turn to what other uses are possible to assure the land is put to a productive and, hopefully, profitable use for